Artificial intelligence in business: opportunities and legal challenges in 2025 that you should not forget

25.11.2024

With the increasing use of artificial intelligence (AI), its implementation is becoming not only an opportunity to increase efficiency, but also a source of legal issues and risks that companies need to address. How to ensure that innovation doesn't cause more problems than benefits? Here is an overview of the key legal areas related to AI to look out for.

 

1. Internal rules for the use of AI: the key to sustainability

If your employees routinely use AI tools such as generative assistants (ChatGPT, Copilot), compilers (DeepL) or graphical applications (Canva, Midjourney), you should consider implementing an AI Policy. This document establishes rules for the safe and effective use of AI tools and protects sensitive information, including trade secrets or personal information.

2. Supplier arrangements and control of AI tools

Increasingly, companies are setting rules for the use of AI not only for their employees, but also for their suppliers. Supplier contracts may contain clauses on how data can be shared or processed using AI. Such arrangements minimize the risk of misuse and ensure that partners use AI tools in accordance with the law and your expectations.

3. GDPR and data protection: what not to forget?

If your business processes personal data using AI tools, it is crucial that you:

  • Properly inform data subjects about how their data is processed.
  • Consider the need for a Data Protection Impact Assessment (DPIA).
  • Enter into processing agreements with AI system providers.

Failure to address the question of whether AI systems use sensitive data to 'learn' may lead to legal challenges or regulatory sanctions.

4. The AI Act: what does the new regulation bring?

The AI Act, adopted by the EU, introduces strict rules for high-risk systems such as those handling biometric data or making employment decisions. Companies should analyse whether their AI systems fall into high-risk categories and ensure that they comply with transparency and security requirements.

5. Training data: when can you use it?

Using data to train your own AI models often raises legal licensing issues. Unauthorized use of data can lead to litigation, especially if the data is copyrighted or contains sensitive information.

6. Implementation and legal liability

AI technologies, such as facial recognition systems or autonomous drones, raise issues of liability for damages caused by system errors. Clear contractual terms and ensuring compliance can minimise the risk of legal complications.

Key takeaways:

  1. Having an AI Policy in place ensures a sustainable and safe approach to using AI in the business.
  2. Legal documentation, including GDPR modifications and supplier contracts, is essential to protect data and minimize risk.
  3. The AI Act and rules for working with training data present new challenges that require expert solutions.
If you have questions about implementing AI in your business, contact us! We'd be happy to help you set up everything you need to use AI to its full potential without worrying about legal complications. We are here to help you!